Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
Section 4. EMPLOYER RESPONSIBILITIES Establish Drug and Alcohol Program Manager Each transit employer covered under the FTA regulations should have one individual designated as the Drug and Alcohol Program Manager (DAPM) who is responsible for administering the program. The DAPM responsibilities are often assigned to an existing employee with other related duties in human resources, personnel, or risk management. Often the DAPM is responsible for record keeping, preparation of the annual Management Information System (MIS) report, administering and scheduling the random testing process, and serving as the Designated Employer Representative (DER), or liaison with the drug and alcohol testing service agents. Even though not required, identifying a DAPM as a single point of contact for the program is a critical component of a successful testing program. Policy Statement You must adopt a policy statement on substance abuse in the workplace (§655.15). At a minimum, the policy must include the following: • Identity of the person, office, branch, and/or position designated by the employer to answer questions about the employer’s anti-drug use and alcohol misuse program. • The categories of employees who are subject to testing. • A description of the prohibited behavior and conduct. • A description of the specific circumstances under which an employee will be tested (preemployment, random, etc.). • A description of the testing procedures that will be used to test for the use of illegal drugs and alcohol misuse, protect the employee and the integrity of the testing process, safeguard the validity of the test results, and ensure the test results are attributed to the correct employee. • A statement of the requirement that a covered employee submit to drug and alcohol testing. • A description of the kind of behavior that constitutes a refusal to test, and statement that a refusal constitutes a violation of the policy. Chapter 2. Regulatory Overview 2-11 August 2002
• A description of the consequences for violating the drug and alcohol regulations including the mandatory FTA requirements, and the consequences for an alcohol concentration of 0.02 or greater, but less than 0.04. A detailed discussion on the specific requirements of the drug and alcohol program policy statement is provided later in Chapter 4, “Policy Development and Communication.” An employer may impose additional requirements as long as the employee is informed that the additional requirements are included under the employer’s authority and the provisions are not contrary to, or inconsistent with the provisions set forth in the rule. Education and Training You must provide educational materials that explain the requirements of the FTA drug and alcohol testing regulations (§655.14) and your policies and procedures to meet these requirements for all safety-sensitive employees. Information on the effects and consequences of substance abuse on personal health, safety, and the worksite, as well as indicators of substance abuse, must be provided. Supervisors must receive additional training on the physical, behavioral, and performance indicators of substance abuse and alcohol misuse if they are responsible for determining when a reasonable suspicion test is required. Chapter 5, “Training,” provides greater detail on the training requirements for employees and supervisors. Testing You must establish a drug (§655.21) and alcohol (§655.31) testing program that follows FTA regulations for drug testing (Chapter 7, “Drug Testing Procedures”) and alcohol testing (Chapter 8, “Alcohol Testing Procedures”). The types of tests are: • Pre-employment • Reasonable suspicion • Post-accident • Random • Return-to-duty • Follow-up. Contractor Oversight FTA recipients/subrecipients are fully responsible for the compliance of their safety-sensitive contractors. Therefore, each system should have a procedure to ensure that all covered contractors comply with the rules. The FTA regulation (§655.73(i)) allows employees to disclose drug and alcohol testing information, including individual test results, to the state oversight agency or grantee required to certify compliance to FTA. Transit systems should not assume that contractors are knowledgeable about the regulatory requirements or that they have compliant policies or programs. If contractors are unwilling or unable to comply with the regulations, the transit system must discontinue using the contractor for the performance of safetysensitive duties, or they will jeopardize their FTA funding. See Chapter 12 for additional information. Service Agent Oversight Transit employers are responsible for the integrity of their drug and alcohol Chapter 2. Regulatory Overview 2-12 August 2002
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Section 4. EMPLOYER<br />
RESPONSIBILITIES<br />
Establish Drug and Alcohol Program<br />
Manager<br />
Each transit employer covered under<br />
the FTA regulations should have one<br />
individual designated as the Drug and<br />
Alcohol Program Manager (DAPM) who<br />
is responsible for administering the<br />
program. The DAPM responsibilities are<br />
often assigned to an existing employee<br />
with other related duties in human<br />
resources, personnel, or risk<br />
management. Often the DAPM is<br />
responsible for record keeping,<br />
preparation of the annual Management<br />
Information System (MIS) report,<br />
administering and scheduling the random<br />
testing process, and serving as the<br />
Designated Employer Representative<br />
(DER), or liaison with the drug and<br />
alcohol testing service agents. Even<br />
though not required, identifying a DAPM<br />
as a single point of contact for the<br />
program is a critical component of a<br />
successful testing program.<br />
Policy Statement<br />
You must adopt a policy statement on<br />
substance abuse in the workplace<br />
(§655.15). At a minimum, the policy<br />
must include the following:<br />
• Identity of the person, office, branch,<br />
and/or position designated by the<br />
employer to answer questions about<br />
the employer’s anti-drug use and<br />
alcohol misuse program.<br />
• The categories of employees who are<br />
subject to testing.<br />
• A description of the prohibited<br />
behavior and conduct.<br />
• A description of the specific<br />
circumstances under which an<br />
employee will be tested (preemployment,<br />
random, etc.).<br />
• A description of the testing<br />
procedures that will be used to test<br />
for the use of illegal drugs and<br />
alcohol misuse, protect the employee<br />
and the integrity of the testing<br />
process, safeguard the validity of the<br />
test results, and ensure the test results<br />
are attributed to the correct employee.<br />
• A statement of the requirement that a<br />
covered employee submit to drug and<br />
alcohol testing.<br />
• A description of the kind of behavior<br />
that constitutes a refusal to test, and<br />
statement that a refusal constitutes a<br />
violation of the policy.<br />
Chapter 2. Regulatory Overview 2-11 August 2002